Legal Terms and Definitions

Glossary of Legal Terms

Complainant Synonymous with "plaintiff," or, in criminal cases, the complaining witness. Unlawful detainer A detention of real estate without the consent of the owner or other person entitled to its possession. Arraignment In a misdemeanor case, the initial appearance before a judge at which the criminal defendant enters a plea; in a felony case, the proceeding after the indictment or bindover at which the defendant comes before a judge in District Court, is informed of the charges, enters a plea, and has a date set for trial or disposition. In Juvenile Court, the first hearing after a petition has been filed. Nominal party One, who is joined as a party or defendant merely because the technical rules of pleading require his presence in the record, Appellee The party against whom an appeal is taken Incarceration Imprisonment; confinement in a jail or penitentiary. Et seq An abbreviation for et sequentes, or et sequentia, "and the following," ordinarily used in referring to a section of statutes. Annual review Yearly judicial review, usually in juvenile dependency cases, to determine whether the child requires continued court supervision or placement

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	The mediation process may vary depending on the mediator. Generally, mediations commence with a general session with all parties, counsel and the mediator. At the general session, there will be a discussion of the case, the issues on appeal and other matters important to settlement. Then the mediator will meet separately with each party and their counsel in separate "caucuses." In these separate sessions, the mediator will seek to foster negotiations between the parties and develop agreement.